These terms and conditions form the basis on which you can buy from us online. Please read them carefully as they contain important information. Sales in our shop are governed by our In Store Terms and Conditions which are printed on our job sheets and are available on our website.
General terms and conditions
1. The contract between us
1.1 “Bespoke Goods” are goods which are made to your order, to a specification agreed with you, and, without limitation, include picture frames made to order and mirrors made to order. Goods on the website which are Bespoke Goods are identified in their description as “Bespoke Goods” or “ Made to Order” or equivalent. “Stock Items” are all goods sold by us online other than Bespoke Goods
“We and “us” in these terms and conditions, means Alexander Foster Fine Art Limited, trading as “the Caversham Picture Framer” in respect of goods purchased online from The Caversham Picture Framer, Caversham.
In the event of any conflict between these terms and conditions, and any policy statement on our website, these terms and conditions prevail and are the basis of the contract between you and us.
1.2 In respect of all goods, other than Bespoke Goods, we must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when our acceptance of the order by email is sent to you or when the goods are collected or delivered, whichever is the earlier. Only at this point is a legally binding contract created between us. Any Acknowledgement of Order by email is not and is not capable of being an acceptance of order. In the event that we do not accept any order, we will refund any payment made within 14 days of our decision not to accept the order.
1.3 In respect of Bespoke Goods, we must receive 50% of the price of the goods before the order can be accepted. Payment of 50% the price for the Bespoke Goods represents an offer on your part to purchase the goods, which will be accepted by us only when our acceptance of the order by email is sent to you. Only at this point is a legally binding contract created between us. Any Acknowledgement of Order by email is not and is not capable of being an acceptance of order. In the event that we do not accept any order, we will refund any payment made within 14 days of our decision not to accept the order. We will contact you when the Bespoke Goods are ready for collection or delivery, at which time you will pay the outstanding balance. We shall be under no obligation to hand over, deliver or permit collection of any Bespoke Goods until all the outstanding sums payable in respect of the order are paid in full.
2. Acknowledgement of your order
3. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be accepted if there are no material errors in the description of the goods or their prices as advertised on this website. Any weights, dimensions and capacities given about the goods are approximate only. Colours and designs may vary slightly and images shown on site and in any catalogue are for identification and illustration only. Any other items shown in any photographs as props or part of the setting are for presentation purposes only any are not included in the sale unless specified.
4. Damage to your computer
We try to ensure that our website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
All orders are subject to acceptance and availability. If the goods you have ordered are Stock Items but are not currently available from stock, we will contact you by e-mail or phone (if you have given us details). If the goods you ordered are an artwork which has already been sold or is otherwise no longer available for sale, we will refund the monies you have paid. For Stock Items other than an artwork as set out in the previous sentence, you will have the option either to wait until the item is available from stock or to cancel your order. If the item has been discontinued, we will refund the monies you have paid.
The prices payable for goods that you order are as set out on our website. All prices are inclusive of VAT at the current rates and are correct at the time of entering information.
7. Payment terms
We will take payment in accordance with Clause 1.2 or 1.3 above as may be applicable upon receipt of your order or when we contact you from your credit or debit card. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the goods from you, then we can refuse to accept your order and to deliver or permit collection of any goods. This does not affect any other rights we may have.
8. Delivery and Collection
8.2 If we deliver the goods, you must ensure that, in accordance with our delivery policy, we have written confirmation of the delivery address, and if you are unable to take personal delivery, written instructions as to how the goods are to be delivered must be provided.
8.3 You will become the owner of the goods you have ordered when they have been delivered to you or in accordance with your instructions or collected by you or on your behalf. Once goods have been delivered to you or in accordance with your instructions or collected they will be at your risk and we will not be liable for any damage, loss or destruction.
9. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to use your own courier then the risk passes to you as soon as the goods are handed to your courier. You will only own the goods once they have been successfully delivered.
10. Cancellation rights
10.1 You have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of goods mentioned in 10.3 below). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty, but you must send the goods back to us at your cost and risk as set out in our Returns Policy for Online Purchases.
10.2 Should you wish to cancel your order, you can use the cancellation form provided at the end of these terms and conditions, or alternatively you can notify us by any other clear statement.
10.3 You cannot cancel your contract if the goods are Bespoke Goods.
10.4 If you have received the goods before you cancel your contract then you must send the goods back to The Caversham Picture Framer Unit 6, Horseshoe Park, Horseshoe Road, Pangbourne, Reading, RG8 7JW to arrive during normal business hours at your own cost and risk as set out in our Returns Policy for Online and Telephone sales.
10.5 Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
10.6 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you or in respect of any diminution in value of the goods arising from any damage whilst they are at your risk.
11. Bespoke Goods
11.1 Bespoke Goods are made especially for you. You should check your order and make any changes to your order prior to paying any monies. Changes are possible, but costs may change due to changes in requirements and extra costs for new materials and additional labour time may be incurred, because work on your Bespoke Goods may have begun. In such situations, we will make you aware of any supplemental costs and agree them with you before we proceed with the amended order. If you do not agree with the revised costs, you may choose to continue with the prior order, or cancel the order. If you cancel the order, we will refund any monies paid by you less the costs of work and materials already incurred.
11.2 We try to complete all orders for Bespoke Goods within 3 weeks. If the job is complex it may take longer and we will let you know on ordering our estimated timescale. We always aim to give accurate estimates for completion, but cannot undertake any liability if the completion date is unable to be met. The most usual reason is that materials are out of stock at our suppliers, which is beyond our control.
11.3 Materials for Bespoke Goods are discontinued from time to time by our suppliers. This is beyond our control and we can have no liability for failure to supply in those circumstances. We will contact you and seek to agree with you acceptable changes. If you do wish to amend the order, we will agree with you any consequential changes to the price.
11.4 We will notify you by telephone or email when the Bespoke Goods are ready to collect. After a further 4 weeks, we will notify you a second time. You authorise us by entering into this agreement with us that if you do not collect the Bespoke Goods within another 20 weeks (24 weeks from the completion date), to sell your Bespoke Goods, together with any artwork or other goods or memorabilia incorporated therein at public auction. We shall be entitled to apply the proceeds of such sale to satisfy the contract price and sale costs then we will return the remainder (if any) to you upon your request. We will not hold any monies received separately on trust, or in any client account.
11.5 While we handle all artwork with the utmost care, in the unlikely event that something happens to artwork left with us to be incorporated in Bespoke Goods, we are unable to take responsibility or liability for its loss or damage because of the limited value and nature of the contract between us. Your artwork is very valuable to you and you are more able than us to form a view of its value. If you are concerned, please make the necessary arrangements to insure the artwork while it is in our care, acknowledging we are held harmless from any liability to you, your insurers, or third parties for loss whether or not caused by us, our fault, negligence, or any other cause or person whatsoever. You must tell us if the artwork is worth more than £3,000, and confirm its value otherwise we shall be entitled to assume that it is not worth in excess of that sum. For artworks worth more than £8,000 you must agree specific custody and safekeeping arrangements with us.
11.6 Most framing materials used in the production of Bespoke Goods are natural and/or manufactured, and are subject to variations due either to natural causes or to variations in the manufacturing process of goods supplied to us. Therefore, while we will always use the materials selected by you, minor variations in appearance can occur and are beyond our control, particularly in natural materials, and this is no reason to reject or refuse to pay for the Bespoke Goods
11.7 If the Bespoke Goods are to incorporate textiles, the textiles need to be attached to a board to be framed. There are a variety of methods depending on the individual textile and we will endeavour to help you choose the most appropriate. Any process of attachment may have some irreversible consequences which you agree to accept by placing your order. Sometimes the textiles are not flat or are creased, in which case we may need to iron the textile before framing. IF WE AGREE TO IRON THE TEXTILE, IT WILL BE DONE ENTIRELY AT YOUR RISK, WE ARE NOT TEXTILE SPECIALISTS AND ANY DAMAGE OR ADVERSE CONSEQUENCES ARE NOT OUR LIABILITY AND WE WILL HAVE NO LIABILITY FOR THEM. WE UNDERTAKE IRONING ONLY AT YOUR EXPRESS REQUEST AND YOUR ACCEPTANCE OF THE RISK.
11.8 Where the Bespoke Goods incorporate a work on paper such a work may require dry mounting to enable it to be flat enough to be framed with a good appearance. Dry mounting is not a reversible process, and is undertaken at your risk as occasionally the paper or image may turn out not to be suitable for the dry mounting process. This process is not used on original or limited edition artworks except at your express request and at your risk.
12. If there is a problem with the goods
12.1 If you have any questions or complaints about the goods please contact us. You can do so by email to email@example.com or in writing to The Caversham Picture Framer, 7, Church Road, Caversham, Reading Rg4 7AA.
12.2 We are under a legal duty to supply goods that are in conformity with this contract and in accordance with the Consumer Rights Act 2015 (the Act).
12.3 If you wish to exercise your legal rights to reject goods which do not conform with the Act you must return them to where they were delivered to you, or from where they were collected by you or on your behalf. If they were delivered to you by us at an address other than our business address you must allow us to collect them from you. We will pay the cost of collection.
13.1 If we have agreed to deliver goods to you, and if you do not receive them within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 10), we will provide you with a full refund.
13.2 We are only responsible for losses that are a natural, foreseeable consequence of our breach of these terms and conditions. We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
13.3 Furthermore, we do not accept liability for any losses related to any business of yours including but not limited to: lost data, lost profits, lost revenues or business interruption.
13.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
13.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent by email to firstname.lastname@example.org or to our contact address at 7 Church Road, Caversham, Reading, Rg4 7AA and all notices from us to you will be displayed on our website from time to time.
15. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
16. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
18. How we may use your personal information
19. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.
20. Other important terms
Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can find more information about alternative dispute resolution via the European Commission Online Dispute Resolution platform.
(Complete and return this form only if you wish to withdraw from the contract)
To Caversham Picture Framer 7 Church Road Caversham Reading RG4 7AA/Angles of Art 8 Park Lane Tilehurst Reading Rg31 5DL ( Strike out as appropriate)
I/WE hereby give you notice that I/WE cancel MY/OUR contract for the sale of the following goods:
Description of Goods ……………………………………………….
Ordered on ……………………………………………….
Date of suppliers email
Confirmation of order ……………………………………………….
Name of consumer(s): ……………………………………………….
Address of consumer(s): ……………………………………………….……………………………………………….
Email address of Consumer ……………………………………………….
Telephone No. of Consumer ……………………………………………….
Signature of consumer(s): ………………………………………………. (only if this form is notified on paper)